News 12 First at Five, July 24, 2008

AUGUSTA, Ga -- News 12 is the only place you'll hear the recording that landed a Phinizy Road jailer behind bars.

Joseph Smalls is now serving three years after pleading guilty this week to sexual battery and violation of oath by a public officer.

Investigators say after the allegation was made in February of 2007, the inmate was moved to the main jail at the Law Enforcement Center, and that's when the investigation began. Within days, the inmate was given recording equipment and moved back to Phinizy Road to prove his case.

Inmate: "I'm nervous as (s**t). I don't want to fall asleep and this guy come in my cell as I'm sleeping and put his hands on me." This is the voice of an inmate working with law enforcement to put away one of their own, Deputy Joseph Smalls.

At the time of these recordings, Smalls, 44, was a married man.

Smalls: "I said you must take your showers during the day time."
Inmate: "Nah, why you say that?"
Smalls: "Because every time i try to see if you gonna go in there i be trying to take a peep at you but you never go."
Inmate: "But you can't see me taking a shower from where you're at, can you?"
Smalls: "I can see what i want to. i just want to see your body when you take your clothes off."

These recordings took place after the initial incident the inmate complained about. In this original incident report, the inmate said Smalls grabbed his privates and stated he would make it "stand up and salute."

Inmate: "Hey, I've been thinking about that kiss."
Smalls: "Ohh."
Inmate: "Ohh, what?"
Smalls: "Stop making me blush up here."
Inmate: "Say what?"
Smalls: "Stop making -- I'm blushing, smiling over here."
Inmate: "Man, you ain't blushing or smiling, Officer Smalls."
Smalls: "Look for yourself."
Inmate: (Laughs)

And that's only the beginning.

Inmate: "You going to wake me up with a smile one day?"
Smalls: "Oh yes, definitely."
Inmate: "Huh?"
Smalls: "Oh definitely."
Inmate: "(laugh) Ah, yeah, I'm going to see."
Smalls: "Told you if (name redacted) was out here working, oh it would be on like popcorn."

It was a case Richmond County took seriously, and as Deputy Joseph Smalls went to work, so did this inmate -- turning the tables on this bad cop by helping investigators record conversations for evidence.

Inmate: "Hey, you owe me, too."
Smalls: "What do i owe you?"
Inmate: "For them kisses. For those kisses you got from me."
Smalls: "No way. I ain't get the real ones. I want the real ones. Hey, them lips are soft."
Inmate: "Huh?"
Smalls: "Them lips are soft."
Inmate: "Oh yeah?"
Smalls: "Oh yes. I be thinking about your (censored) at home.
Inmate: "Yeah, I bet you do."
Smalls: "I'm for real, serious."

Inmate: "I say, do you really be thinking about me at home for real?"
Smalls: "Yeah, for real."
Inmate: "You sure don't act like it sometimes."
Smalls: "You gotta realize, I told you, when I come in, you got to put on. I got to put on a facade, I have to play tough and hard."
Inmate: "Yeah, that's right. That's right, you right about that now."
Smalls: "(inaudible) See me take a man into a cell they'll think I'm a wuss. And they know me. I talk plenty of (censored) but i will back it up."

Deputy Smalls, no stranger to law enforcement, worked briefly at Richmond County's Youth Detention Center and the Georgia Department of Corrections over the last 10 years. Internal Affairs says there were no complaints and certainly nothing to indicate this.

Smalls: "Oh, I'm going to get you."
Inmate: "Um, you going to get me?"
Smalls: "Oh yeah, I'm going to get you good."
Inmate: "Mmm hmm."
Smalls: "I'm going to make you holler."

But as it turned out, this inmate was getting Deputy Smalls good, putting him behind bars.

Smalls was sentenced to three years in jail and two years probation.

News 12 spoke with Sheriff Ronnie Strength who says law enforcement officers have to stay within the guidelines of law like everybody else, and that "we are not above the law."

Click here to download the complete recordings: Part One | Part Two